TaxTMI 
TaxTMI 
2019 (8) TMI 546
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....xtension of time for providing bank guarantee as directed by this court vide judgment and order dated 15.4.2019 passed in Special Civil Application No.17033 of 2018, whereby it was directed thus: "The parent company shall provide a corporate guarantee for the balance amount under the penalty order which shall subsist till the final disposal of the appeal within a period of three weeks from today." 3. Mr. S. N. Soparkar, Senior Advocate, learned counsel with Mr. B. S. Soparkar, learned advocate for the applicant submitted that while the judgment and order was dictated on 15.4.2019, the judgment was not available on the website of this court till 24.5.2019 and it is only thereafter that the applicant could do the needful for submitting t....
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....ee stamped through franking method and for this purpose approached several banks, which declined the request and ultimately, the corporate bank guarantee was transmitted (without franking) to the third respondent, both via email dated 19.6.2019 and also under cover of letter dated 19.6.2019 through Registered Post A.D., which was received by the third respondent on 24.6.2019. 3.3 It was submitted that however, by a communication dated 27.6.2019, the applicant has been called upon to show cause as to why it should not be treated as an "assessee in default" for the outstanding penalty demand in view of the fact that the corporate bank guarantee was not provided within three weeks from the date of the judgment. It was submitted that in view ....
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....ly, urged that instead of a corporate guarantee, the applicant be directed to furnish a bank guarantee to secure the interest of the revenue, more so, considering the fact that the applicant is financially sound and in a position to furnish a bank guarantee. 5. This court has considered the submissions advanced by the learned counsel for the respective parties. Insofar as the apprehensions voiced by the learned counsel for the respondent are concerned, the same do not fall within the scope of the present application whereby the applicant only seeks extension of the time stipulated by this court for furnishing the corporate guarantee. In fact what the respondents seek is a modification of the judgment and order dated 15.04.2019 by substitu....